Chapter 32 Oregon Laws 1999

Session Law

AN ACT

HB 2062

Relating to landscape contractors; amending ORS 671.520, 671.540, 671.690 and 701.010.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 671.520 is amended to read:

671.520. As used in ORS 671.510 to 671.710, unless the context requires otherwise:

(1) "Board" means the State Landscape Contractors Board.

(2) "Landscape contractor" means any person who for compensation or with the intent to be compensated arranges, undertakes, offers or contracts to undertake, or submits a bid to perform activities requiring the art, ability, experience, knowledge, science and skill to:

(a) Plan and install lawns, shrubs, vines, trees and other decorative vegetation including the preparation of property on which the vegetation is to be installed, and the construction of fountains and drainage and irrigation systems for decorative vegetation;

(b) Plan and install fences, decks, arbors, driveways, walkways and retaining walls; or

(3) "Landscaping business" means any business that offers or provides, for compensation or with the intent to be compensated, the services of a landscape contractor.

(4) "Licensee" means a person or business who is licensed under ORS 671.510 to 671.710 as a landscape contractor.

(5) "Nursery stock" means nursery stock as defined by ORS 571.005 and as further defined by the board after public hearing.

SECTION 2. ORS 671.540 is amended to read:

671.540. ORS 671.510 to 671.710 and 671.990 (2) do not apply to:

(1) Any federal or state agency or any political subdivision performing landscaping on public property.

(2) Any landscape architect registered pursuant to ORS 671.310 to 671.459 and practicing as provided therein.

(3) Any landscaping work for which the price of all contracts for labor, materials and other items for a given job site in a calendar year is less than $500 and the work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or represents through any manner including a sign, card or other device which might indicate to the public that the person is a landscape contractor or a landscaping business or is qualified to so act.

(4) Any landscaping work that is a casual, minor or inconsequential incident of maintenance of grounds.

(5) Installation of fences, decks, arbors, driveways, walkways or retaining walls when performed by a person or business registered with the Construction Contractors Board.

(6) Grading of plots and areas of land performed in conjunction with new or remodeling construction when performed by a person or business registered with the Construction Contractors Board.

(7) Any owner of property who contracts for landscaping work to be performed by a landscape contractor. This subsection does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work, the property upon which the landscaping work is performed.

(8) Any landscaping work performed by a person on property that the person owns or in which the person has a legal interest. This subsection does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work, the property on which the landscaping work is performed.

(9) A general contractor registered under ORS chapter 701 who performs landscaping work if the total value of the landscaping is less than $2,500 per residential dwelling and the landscaping work is performed on residential property for which the contractor is under contract for the construction of a new dwelling. The State Landscape Contractors Board shall revise the amount specified in this subsection every five years, beginning in 2003, based on changes in the Portland Consumer Price Index as defined in ORS 316.085. This subsection does not apply to a general contractor performing irrigation work unless the work is performed pursuant to a permit issued by the local building official.

(10) A general contractor registered under ORS chapter 701 who performs landscaping work on residential property that is directly related to local building code requirements or occupancy ordinances including, but not limited to, the placement of street trees. This subsection does not apply to a general contractor performing irrigation work unless the work is performed pursuant to a permit issued by the local building official.

SECTION 3. ORS 671.690 is amended to read:

671.690. (1) An applicant for a license as a landscaping business shall file with the State Landscape Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The amount of the bond or letter of credit shall be:

(a) $3,000; or

(b) $10,000 for an applicant who constructs fences, decks, arbors, driveways, walkways or retaining walls not in conjunction with landscaping work.

(2) The bond or letter of credit required under subsection (1) of this section shall be conditioned that the applicant pays:

(a) All taxes and contributions due to the State of Oregon;

(b) All persons furnishing labor or material, or renting or supplying equipment to the business;

(c) All amounts that may be adjudged against the business by reason of negligent or improper work or breach of contract in performing any work subject to ORS 671.510 to 671.710; and

(d) All amounts from the bond or deposit the board orders paid under ORS 671.703.

(3) In lieu of the surety bond or letter of credit required under subsection (1) of this section, the landscaping business may file with the board, under the same terms and conditions as when a bond is filed, a deposit in cash or negotiable securities acceptable to the board.

(4) The deposit or bond or letter of credit required by this section shall be continuously on file with the board in the amount required by this section and is for the exclusive purpose of payment of final orders and arbitration awards of the board in accordance with ORS 671.510 to 671.710. Upon termination or cancellation of the bond, withdrawal of the deposit or reduction of the bond, letter of credit or deposit to less than the required amount, the licensee shall immediately:

(a) File a replacement bond, letter of credit or deposit; or

(b) Surrender the license to the board and cease operating as a landscaping business.

(5) The landscaping business is responsible for all [landscape] landscaping and other work performed.

SECTION 4. ORS 701.010 is amended to read:

701.010. The Construction Contractors Board may adopt rules to make registration optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the Construction Contractors Board. The following persons are exempt from registration under this chapter:

(1) A person who is constructing, altering, improving or repairing personal property.

(2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the Federal Government.

(3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

(4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person's contracts for labor, materials and all other items is less than $500 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device which might indicate to the public that that person is a contractor.

(5) An owner who contracts for work to be performed by a registered contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It shall be prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

(6) A person performing work on a property that person owns or performing work as the owner's employee, whether the property is occupied by the owner or not, or a person performing work on that person's residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner's employee if such work is performed, in the pursuit of an independent business, with the intent of offering the structure for sale before, upon or after completion.

(7) A person licensed in one of the following trades or professions when operating within the scope of that license:

(a) An architect licensed by the State Board of Architect Examiners.

(b) A registered professional engineer licensed by the State Board of Examiners for Engineering and Land Surveying.

(d) A sewage disposal system installer licensed by the Department of Environmental Quality.

(e) A landscaping business licensed under ORS 671.510 to 671.710 that constructs fences, decks, arbors, driveways, walkways or retaining walls [only] when: [done]

(A) Performed in conjunction with landscaping work[.]; or

(B) Not performed in conjunction with landscaping work and that has filed a bond under ORS 671.690 (1)(b).

(f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

(8) A person who performs work subject to this chapter as an employee of a contractor.

(9) A manufacturer of a manufactured home constructed under standards established by the Federal Government.

(10) A person involved in the movement of:

(a) Modular buildings or structures other than manufactured structures not in excess of 14 feet in width.

(b) Structures not in excess of 16 feet in width when they are being moved by their owner if such owner is not a contractor required to be registered under this chapter.

(11) A commercial lending institution or surety company that arranges for the completion, repair or remodeling of a structure. As used in this subsection, "commercial lending institution" means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association, insurance company or federal credit union maintaining an office in this state.

(12) A real estate licensee as defined in ORS 696.010 or the employee of that licensee when performing work on a structure that the real estate licensee manages under a contract.

(13) Units of government other than those specified in ORS 701.005 (5)(b) and (c).

Approved by the Governor April 16, 1999

Filed in the office of Secretary of State April 19, 1999

Effective date October 23, 1999

__________